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NAVY | BCNR | CY2006 | 03705-06
Original file (03705-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
2 NAVY ANNEX
                           BOARD FOR CORRECTION OF NAVAL RECORDS
                  WASHINGTON DC 20370-5100      
                                                      TJR
                                                                                                    Docket No: 3705-06
                                                                                                  28 November 2006

This is in reference o your application for correction of your naval record pursuant to the provisions of Title 10, United States Cod e Section 552.
A three- member panel f the Board for Correction of Naval Records, s i tting in e x ecutive session, considered your applicat ion on 28 Nov e mber 2006. Your allegations of error and injustice revie we d in accordance with administrative regulati o n and proce d ures applicable to the proceedings of this Board. Doc umentary m a terial considered by the Board consisted of your appli c ation, tog e ther with all material submitted in support thereof, y o ur naval r e cord, and applicable statutes, regulations, and policies s.
After care f ul and conscientious consideration of the entire record, th e Board fou n d the evidence submitted was insufficient to establi s h the exis t ence of probable material error or injustice.
You enlist d in the N a val Reserve on 28 February 1985 and began a period of a ctive duty on 17 December 1985 at age 18. You served for six mo n ths withou t disciplinary incident, but during the period fro 26 June t 8 November 1986 you received nonjudicial punishment (NJP) on t ree occasions for a 30 day period of unauthoriz e d absence (UA), absence from your appointed place of duty on se v eral occas i ons, and dereliction of duty.
Subsequent y, you wer e processed for an administrative separation by reason f miscondu c t due to a pattern of misconduct and frequent i n volvement f a discreditable nature with military authoritie s . On 4
De c ember 1986 the discharge authority directed separation u n der other than honorable conditions by reason of misconduct a nd on 13 December 1986 you so were discharged.
The Board, in its rev i ew of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post serv i ce conduct, and request to upgrade your discharge. It also c o nsidered your assertion that your diagnosed depression and other p roblems may have been the result of your misconduct. Neverthel e ss, the Board concluded these factors were not sufficient to war ant recharacterization of your discharge because of the seriou s ness of your repetitive misconduct, which resulted in three NJP and included multiple periods of absence. Further, there is no ‘ indications that any mental problem or disorder was sufficie n tly mitigating to warrant recharacterization. a ccordingly, your application has been denied.
The names and votes o the members of the panel will be furnished upon request.
It is regretted that he circumstances of your case are such that favorable action cann o t be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other mat er not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when ap lying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
Sincerely,
W. DEAN PFIEFFER
 Executive Director










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